Mutual Societies Application Form Mutual Societies Application Note Notification of Charges Notes Notification of charges Please take time to read these notes carefully. They will help you to fill in the form correctly. These notes are for information only. They are not a full statement of legal obligations under the relevant legislation. The society or credit union may wish to seek legal advice on how to comply with the legislation. If after reading these notes you need more help please: check our website for more information on Mutual Societies: http://www.fca.org.uk/mutuals email mutual.societies@fca.org.uk; or call the Contact Centre 0845 606 9966. Terms in this form 'FCA',’PRA’, 'us' and 'we' refer to the Financial Conduct Authority or Prudential Regulation Authority. 'You' refers to the person signing the form on behalf of the society or credit union. ‘The 2014 Act’ is the Co-operative and Community Benefit Societies Act 2014 FCA Mutuals notification of charges (N) Release 2 July 2014 page 1 NOTES - Legislation and what to expect Legislation and what to expect Societies registered under the Co-operative and Community Benefit Act 2014 (including credit unions) Societies in England and Wales Section 59 provides for recording a charge against assets of a society registered under the 2014 Act. Section 61 of the 2014 Act provides for giving us notice of any release, discharge or other transaction relating to a charge that we have already recorded. Societies in Scotland Section 63 provides for registering a floating charge against assets of a society registered under the 2014 Act. Section 64 of the 2014 Act provides for giving us notice of any release, discharge or other transaction relating to a charge that we have already recorded. What to expect If your application is complete, we will record or register as appropriate and send you a formal acknowledgement. FCA Mutuals notification of charges (N) Release 2 July 2014 page 2 1 NOTES - 1 Details of charges Details of charges Full name of society or credit union (front page) You must give the full registered name, please do not use abbreviations. Society or credit union details 1.1 Society or credit union details The register number is the number your society was given when it was first registered. If you are not sure what this is please search on the Mutuals Register at http://mutuals.fsa.gov.uk/ using the name of your society. Details of charges (fixed or floating) 1.2 What are you applying to record or register? No extra guidance Recording/registering a charge (fixed or floating) 1.3 Names of the parties the charge is made between You must give full names, please do not use abbreviations. 1.4 Date of Instrument No extra guidance 1.5 You must confirm that a certified copy of the charge is attached The charge should be a copy of the charge instrument. The copy of the charge submitted should be certified as a true copy of the charge instrument, with no redaction, and the signature certifying such must be an original signature. 1.6 Are you submitting this charge outside the 21 day time limit? We must receive your correctly-completed application to record or register a charge within 21 days of the date of the charge being created for it to be accepted for recording or registration. The 21 day period includes the dates the charge was made. If the application is correct and you submit it within the 21day limit, we will record or register the charge. If the application is correct but you submit it outside the 21 day limit, we will return it unless you give the reasons in the relevant space in the form. How to apply for an extension of the time limit You must complete the box in question 1.6 if you are submitting your application outside the 21 day time limit. You should state why the application was submitted late. Stating on the form 'it was submitted late' is not enough and we will ask you to give more detailed reasons. FCA Mutuals notification of charges (N) Release 2 July 2014 page 3 NOTES - 1 Details of charges Signature 1.7 This must be signed by one of the following: the Secretary of the society or credit union; or a Solicitor acting on behalf of the society or credit union; or a person interested in the charge on behalf of the society or credit union. We require all signatures to be original signatures. If you are only applying to record or register a charge you are not required to sign the statutory declaration in section 2. Complete satisfaction of charge (fixed or floating) 1.8 Date the charge was satisfied (dd/mm/yyyy) No extra guidance 1.9 You must confirm that you have attached a copy of both the original acknowledgment certificate and the first page of the charge Form AJ if you are applying on behalf of an English or Welsh society or Form AK if you are applying on behalf of a Scottish society. We would have sent you this when the charge was first recorded or registered. 1.10 Give details below of the property no longer charged, e.g. address You should give the address or any other details that identify the property no longer charged. If there is insufficient space within the box write 'see attached' and attach relevant details. Partial satisfaction of charge (fixed or floating) 1.11 Date the charge was partially satisfied (dd/mm/yyyy) No extra guidance 1.12 You must confirm that you have attached a copy of both the original acknowledgment certificate and the first page of the charge Form AJ if you are applying on behalf of an English or Welsh society or Form AK if you are applying on behalf of a Scottish society. We would have sent you this when the charge was first recorded or registered. 1.13 The amount by which the charge was partially satisfied No extra guidance Release of charge (fixed or floating) 1.14 Date when the society or credit union was released from the charge (dd/mm/yyyy) No extra guidance 1.15 You must confirm that you have attached a copy of both the original acknowledgment certificate and the first page of the charge Form AJ if you are applying on behalf of an English or Welsh society or Form AK if you are applying on behalf of a Scottish society. We would have sent you this when the charge was first recorded or registered. FCA Mutuals notification of charges (N) Release 2 July 2014 page 4 NOTES - 1 Details of charges 1.16 Give details below of the property no longer charged, e.g. address You should give the address or any other details that identify the property no longer charged. If there is insufficient space within the box write 'see attached' and attach relevant details. Signature 1.16 This must be signed by the Secretary of the society or credit union We require all signatures to be original signatures. You must now arrange for section 2 to be signed. FCA Mutuals notification of charges (N) Release 2 July 2014 page 5 2 NOTES - 2 Statutory Declaration Statutory Declaration Declaration 2.1 The Secretary and a member of the committee of management (or director) of the society or credit union must sign below in front of a solicitor, a commissioner for oaths, notary public or justice of the peace. We require all signatures to be original signatures FCA Mutuals notification of charges (N) Release 2 July 2014 page 6